5.  The applicant was born in 1953 and lives in Van.
6.  On 18 April 2005 the Çaldıran Magistrates’ Court issued an arrest warrant in respect of the applicant in absentia, on suspicion of his involvement in the trafficking of illegal immigrants between Iran and Turkey.
7.  According to the applicant’s submissions, on the same day at 5 p.m. he was arrested by gendarmerie officers and was taken to the Çaldıran district gendarmerie command, where he was allegedly beaten by the gendarmerie station commander, Y.A.
8.  The Government maintained, however, that the applicant had been taken to the gendarmerie command at around 7.35 p.m.
9.  As soon as he was brought to the gendarmerie command, the applicant was examined by a doctor upon a letter from the district gendarmerie commander, which stated that the applicant was due to be taken into custody. The doctor indicated in his medical report that there was a graze of 2 cm and a scab caused by bleeding on the applicant’s right tibia, a bruise and sensitivity on the left side of his nose, lesions on both sides of his back and sensitivity under his right nipple.
10.  Following the medical examination, the applicant was taken into custody. The official custody record noted the time of his placement in custody as 8 p.m. and indicated that there was no sign of physical violence on his body.
11.  On 19 April 2005 at 9 a.m. the applicant had a meeting with his representative. Subsequently, the latter filed a petition with the Çaldıran public prosecutor’s office, stating that the applicant had alleged he had been ill-treated at the gendarmerie command. The lawyer indicated that he had observed bruises on the applicant’s face and requested that the applicant be medically examined in order to establish whether he had sustained the injuries as a result of physical violence in custody.
12.  At 10.25 a.m. the applicant was examined by another doctor following the request of the district gendarmerie commander, who noted that the applicant was due to be released from custody. The second medical report indicated exactly the same findings as those mentioned in the initial report.
13.  On the same day the applicant was brought before the Çaldıran Magistrates’ Court, which ordered his pre-trial detention.
14.  At 7.10 p.m., prior to his detention in Muradiye Prison, the applicant was once again examined by a doctor at the Muradiye State Hospital. The medical report drawn up by that doctor indicated a slightly swollen lesion measuring 0.5 x 0.1 cm on the applicant’s left cheekbone, a 3 x 4 cm lesion on the right side of his nose, a lesion of 2 x 3 cm under his left nipple and a sensitive area of 2 x 0.2 cm on his right tibia. The doctor concluded that the injuries would render the applicant unfit for work for one day.
15.  On 22 April 2005 the applicant sent a petition to the Çaldıran public prosecutor’s office. He claimed that he had been beaten at the district gendarmerie command and requested that an investigation be initiated into the matter.
16.  On 17 November 2005 the public prosecutor heard the applicant’s statements. The applicant submitted that he had been beaten and cursed by Y.A., who had also threatened him by pointing a gun at his head.
17.  On 7 December 2005 Y.A. told the public prosecutor that the applicant had been examined by a doctor before his detention in custody and found to have been injured. He stated that he could not be held liable of those findings in that they had apparently been sustained before the applicant’s arrest. He further argued that all kinds of evidence had already been obtained against the applicant beforehand and that therefore it would be irrational to conclude that he had been ill-treated in order to obtain evidence.
18.  On 13 December 2005 the Çaldıran public prosecutor decided not to prosecute Y.A. On the basis of the three medical reports issued prior to and after the applicant’s custody, he found that the injuries on the applicant had existed before he had been taken to the gendarmerie command. He further maintained that the applicant had failed to raise his allegations of ill‑treatment before the Çaldıran Magistrates’ Court on 19 April 2005, the day he had been placed in detention on remand. The prosecutor concluded that there was insufficient evidence to charge Y.A. with the alleged offence.
19.  On 20 February 2006 the applicant’s representative objected to the decision of the Çaldıran public prosecutor. He argued that on the day of the events, the applicant had been taken into custody at 5 p.m. and had been beaten in the gendarmerie command until the time he had been brought before a doctor. He maintained that the two identical medical reports, drawn up immediately before and after the applicant’s custody, proved that point and that there was also a witness who had seen the applicant’s arrest at 5 p.m. The representative finally submitted that contrary to the public prosecutor’s findings, he had raised the applicant’s complaint on 19 April 2005 before the relevant authorities.
20.  On 15 March 2006 the Van Assize Court dismissed that objection, holding that the investigation conducted by the public prosecutor had been adequate.
21.  By a letter dated 23 July 2009 the applicant’s representative submitted the Court statements from two residents of the applicant’s village, who maintained that they had witnessed the applicant’s arrest at 4.30 p.m. on 18 April 2005.